SOUTHWESTERN UNIVERSITY PHINMA

REAL ACTION VS PERSONAL ACTIONS DISTINGUISHED

ACTIONS IN PERSONAM v IN REM v QUASI IN REM DISTINGUISHED

Lectured by:
Atty. Catherine Annabelle L. Hermoso, REB, REA
_________________________________________________________________________________________________________

PRELIMINARY MATTERS IN CIVIL damages for the commission of an

PROCEDURE injury to the person or property.”

I. REAL ACTIONS VS PERSONAL ACTIONS: B. PERSONAL ACTIONS:

-personal actions are based on privity

- Importance of this distinction is vital of contracts or for the recovery of
to the determination of VENUE: sums of money.

A. REAL ACTION - An action is real

when it affects title to or possession of
Francisco Hernandez v. Rural Bank
real property, or an interest therein. All
of Lucena, Inc, G.R. No. L-29791
other actions are personal actions.
January 10, 1978
An action is real when it is founded upon
“In a personal action, the
the privity of real estate, which means
plaintiff seeks the recovery of
that the realty or an interest therein is
personal property, the
the subject matter of the action. The
enforcement of a contract or the
issues involved in real actions are title to,
recovery of damages. In a real
ownership, possession, partition,
action, the plaintiff seeks the
foreclosure of mortgage or
recovery of real property. or, as
condemnation of real property.
indicated in section 2(a) of Rule 4,
a real action Is an action
affecting title to real property or
Jose Hernandez vs DBP, G.R.
for the recovery of possession.
No. L-31095 June 18, 1976
or for partition or
“It is a well settled rule that venue of condemnation of, or foreclosure
actions or, more appropriately, the of a mortage on, real property.”
county where the action is triable
depends to a great extent on the
nature of the action to be filed,
whether it is real or personal. A real
action is one brought for the
specific recovery of land,
tenements, or hereditaments. A
personal action is one brought for
the recovery of personal property,
for the enforcement of some
contract or recovery of damages for
its breach, or for the recovery of

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 II. ACTIONS IN PERSONAM VS IN REM
VS QUASI IN REM
- Importance: determination of how
summons is to be served;
consequently how jurisdiction is
acquired by the court.
A. Action in personam:
- An action in personam is a proceeding to
enforce personal rights and obligations
brought against the person and is based on
the jurisdiction of the person, although it
may involve his right to, or the exercise of
ownership of, specific property, or seek to
compel him to control or dispose of it in
accordance with the mandate of the court.
- Its purpose is to impose, through the
judgment of a court, some responsibility or
liability directly upon the person of the
defendant. Of this character are suits to
compel a defendant to specifically perform
some act or actions to fasten a pecuniary
liability on him . [Frias vs Alcayde, G.R. No.
194262, 28 February 2018]
Examples of actions in personam:
1. action for collection of sum of money
and damages;
2. action for recovery of real property
[Pineda v Santiago, G.R. No. 143482,
April 13, 2007]
3. action for unlawful detainer or forcible
entry;
4. action for specific performance;
5. action to enforce a foreign judgment in
a complaint for a breach of contract.
6. petition for annulment of judgment
[Frias vs Alcayde, G.R. No. 194262, 28
February 2018]
2
- Extraterritorial service is applicable
only in actions in rem and quasi in rem.
Asiavest Limited vs Court of Appeals,
G.R. No. 128803
September 25, 1998
“An action in personam is an action
against a person on the basis of his
personal liability. An action in rem is
an action against the thing itself
instead of against the person. An
action quasi in rem is one wherein an
individual is named as defendant and
the purpose of the proceeding is to
subject his interest therein to the
obligation or lien burdening the
property.”
- In actions in personam, jurisdiction
over the person of the defendant is
necessary for the court to validly try and
decide the case. On the other hand, in
proceedings in rem and quasi in rem,
jurisdiction over the person of the
defendant is not a prerequisite to confer
jurisdiction on the court provided that
the court acquires jurisdiction over the
res.
Pineda v. Santiago
G.R. No. 143482
April 13, 2007,
“The settled rule is that the aim
and object of an action determine its
character. Whether a proceeding is in
rem, or in personam, or quasi in rem
for that matter, is determined by its
nature and purpose, and by these
only. A proceeding in personam is a
proceeding to enforce personal
rights and obligations brought
against the person and is based on
the jurisdiction of the person,
although it may involve his right to,
or the exercise of ownership of,
 specific property, or seek to compel
him to control or dispose of it in
accordance with the mandate of the
court. The purpose of a proceeding
in personam is to impose, through
the judgment of a court, some
responsibility or liability directly
upon the person of the defendant.
Of this character are suits to compel a
defendant to specifically perform
some act or actions to fasten a
pecuniary liability on him. An action
in personam is said to be one which
has for its object a judgment against
the person, as distinguished from a
judgment against the propriety to
determine its state. It has been held
that an action in personam is a
proceeding to enforce personal rights
or obligations; such action is brought
against the person. As far as suits for
injunctive relief are concerned, it is
well-settled that it is an injunctive act
in personam. In Combs v. Combs, the
appellate court held that proceedings
to enforce personal rights and
obligations and in which personal
judgments are rendered adjusting the
rights and obligations between the
affected parties is in personam.
Actions for recovery of real property
are in personam.”
Q: Can real actions at the same time be
actions in personam?
A: Yes. Unlawful detainer; forcible entry.
Domagas v. Jensen
G.R. No. 158407
January 17, 2005
The sole issue is whether or not
there was a valid service of the
summons and complaint in Civil Case
No. 879 on the respondent herein who
was the defendant in the said case.
The resolution of the matter is
anchored on the issue of whether or
not the action of the petitioner in the
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MTC against the respondent herein is
an action in personam or quasi in rem.
The ruling of the CA that the
petitioner’s complaint for forcible
entry of the petitioner against the
respondent in Civil Case No. 879 is an
action quasi in rem, is erroneous. The
action of the petitioner for forcible
entry is a real action and one in
personam.
The settled rule is that the aim and
object of an action determine its
character.[18] Whether a proceeding
is in rem, or in personam, or quasi in
rem for that matter, is determined by
its nature and purpose, and by these
only.[19] A proceeding in personam is a
proceeding to enforce personal rights
and obligations brought against the
person and is based on the jurisdiction
of the person, although it may involve
his right to, or the exercise of
ownership of, specific property, or
seek to compel him to control or
dispose of it in accordance with the
mandate of the court.[20] The purpose
of a proceeding in personam is to
impose, through the judgment of a
court, some responsibility or liability
directly upon the person of the
defendant.[21] Of this character are
suits to compel a defendant to
specifically perform some act or
actions to fasten a pecuniary liability
on him.[22] An action in personam is
said to be one which has for its object
a judgment against the person, as
distinguished from a judgment against
the propriety to determine its state. It
has been held that an action in
personam is a proceeding to enforce
personal rights or obligations; such
action is brought against the person.
As far as suits for injunctive relief are
concerned, it is well-settled that it is
an injunctive act in
personam.[23] In Combs v. Combs,[24] the
appellate court held that proceedings
to enforce personal rights and
obligations and in which personal
judgments are rendered adjusting the
rights and obligations between the
affected parties is in personam.
 Actions for recovery of real property
are in personam.[25]
B. Actions in rem
-Actions in rem are actions against the thing
itself. They are binding upon the whole
world.
-The phrase, "against the thing," to describe
in rem. actions is a metaphor.
-It is not the "thing" that is the party to an in
rem action; only legal or natural persons
may be parties even in in rem actions. [Frias
vs Alcayde, G.R. No. 194262, 28 February
2018]
Examples of Actions In Rem:
1. land registration proceedings
2. cadastral proceedings
3. probate of a will
4. reconstitution of title
5. actions affecting personal status of
plaintiff is an action in rem, petitions
directed against the "thing" itself or the res
which concerns the status of a person, like a
petition for adoption, correction of entries in
the birth certificate; or annulment of
marriage; nullity of marriage; petition to
establish illegitimate filiation; registration of
land under the Torrens system; and
forfeiture proceedings.
Gomez vs Alba, G.R. No. 5246
September 16, 1910
“This same doctrine is
annunciated in Pennoyer vs. Neff (95
U. S., 714); The Mary (9 Cranch, 126);
Mankin vs. Chandler (2 Brock., 125);
Brown vs. Levee Commission (50
Miss., 468); 2 Freeman, Judgments,
4th ed., secs. 606, 611.
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If the technical object of the suit is
to establish a claim against some
particular person, with a judgment
which generally, in theory at least,
binds his body, or to bar some
individual claim or objection, so that
only certain persons are entitled to
be heard in defense, the action is in
personam, although it may concern
the right to or possession of a
tangible thing. If, on the other hand,
the object is to bar indifferently all
who might be minded to make an
objection of any sort against the
right sought to be established, and
if anyone in the world has a right
to be heard on the strength of
alleging facts which, if true, show
an inconsistent interest, the
proceeding is in rem. (Tyler vs.
Judges,supra.)
C. Actions quasi in rem
- A proceeding quasi in rem is one
brought against persons seeking to
subject the property of such persons to
the discharge of the claims assailed.
In an action quasi in rem, an individual is
named as defendant and the purpose of
the proceeding is to subject his interests
therein to the obligation or loan
burdening the property.
In an action quasi in rem, an individual is
named as defendant. But, unlike suits in rem,
a quasi in rem judgment is conclusive only
between the parties. [Frias vs Alcayde, G.R.
No. 194262, 28 February 2018]
Examples of actions quasi in rem:
1. suits to quiet title;
2.actions for foreclosure;
3. attachment proceedings
 Valmonte vs CA, [G.R. No. 108538.
January 22, 1996]

“[An action quasi in rem is] an action

which while not strictly speaking an
action in rem partakes of that nature
and is substantially such. . . . The
action quasi in rem differs from the
true action in rem in the circumstance
that in the former an individual is
named as defendant and the purpose
of the proceeding is to subject his
interest therein to the obligation or
lien burdening the property. All
proceedings having for their sole
object the sale or other disposition of
the property of the defendant,
whether by attachment, foreclosure,
or other form of remedy, are in a
general way thus designated. The
judgment entered in these
proceedings is conclusive only
between the parties.”